Crowdsourcing Labour Relation : The Future of Employment in Information and Communication Technology Era

Ismono, Joko Crowdsourcing Labour Relation : The Future of Employment in Information and Communication Technology Era. Menggagas Hukum Perburuhan Berkeadilan.

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Abstract

In disruptive era, developments in information and communication technology (ICT) are leading not only to fundamental changes in normal labour relationships, but also to the emergence of new forms of labour relations. Crowdsourcing labour relation often do not fit into the existing binary legal categories of dependent labour and self-employment and can be located in the grey area between employment contract and freelance labour relations. Crowdsourcing is a new information and communication technology based form of organizing the outsourcing of task to a large pool of online workers, which would normally be delegated to employees. The working conditions of this decentralized model of work appear to be poor. Global competition, dislocated phisical workplaces and lack of worker organisation offering these legal insecurities result in a massive imbalance of bargaining power. As a consequence crowdwork labour relations leads to low remuneration as well as unfair terms and conditions of work letting some already talk about digital slaves and virtual sweatshops. The legal issues in this paper is who the contractual partners and what kind of contract exist between the parties. For answering this an overall assessment of the actual situation has to be undertaken. It’s result may differ from what the crowdwork parties have written in their contracts as they may have been used them to disguise the true economic content and therefore the correct classification of the contractual relationships.

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